Why Does the Philippines Require a Court Decree to Declare a Void Marriage?

A Judicial Decree is required because under Article 40 of the Family Code, even if a marriage is void from the beginning, it is still presumed valid until a court declares it void. Without that judicial declaration, remarrying could lead to bigamy charges and serious civil consequences.

Picture this.

Maria and Juan had what seemed like a perfect church wedding in 2010. Friends and family were there, vows were exchanged, and everything looked right—except for one thing. They never secured a marriage license.

Years later, they went their separate ways. In 2015, Juan thought, “Our marriage was void anyway, so I can marry again.” Without going to court, he married Ana.

Fast-forward a few years—Juan finds himself facing a bigamy case. To make things worse, Maria’s relatives are contesting property and inheritance rights. Juan insists that his first marriage never existed in the eyes of the law. But under Philippine law, that’s not enough.

Why?

Because even if a marriage is void, you cannot simply assume it never existed. The law requires a judicial decree declaring it void before you can remarry.

The key lies in Article 40 of the Family Code of the Philippines, which mandates:

“The absolute nullity of a previous marriage may be invoked for purposes of remarriage only on the basis of a final judgment declaring such previous marriage void.”

In simpler terms, this means – even if your marriage is void (e.g., no marriage license, underage marriage, or psychological incapacity), you must still go to court to have it declared void before you can legally remarry. To prove psychological incapacity, read Understanding the Nullity of Marriage in the Philippines: Psychological Incapacity Explained .

Before the Family Code took effect in 1988, the Civil Code of 1949 allowed people to simply claim that a marriage was void—no need for a court decree. This often caused confusion, fraud, and conflicting records in civil registries.

To fix this, the Family Code changed the rule. It now requires a judicial declaration before any person can remarry, ensuring public order and protection of third-party rights such as inheritance and property claims.

What the Supreme Court Says

The Supreme Court has repeatedly emphasized this rule in several landmark cases. In Niñal, et al. v. Bayadog, (G.R. No. 133778, 14 March 2000), the High Court held:

“Under ordinary circumstances, the effect of a void marriage… is as though no marriage had ever taken place… [I]ts invalidity can be maintained in any proceeding… either direct or collateral… But Article 40 of the Family Code expressly provides that there must be a judicial declaration of the nullity of a previous marriage, though void, before a party can enter into a second marriage… For the same reason, the law makes either the action or defense for the declaration of absolute nullity of marriage imprescriptible.”

In Pulido v. People (G.R. No. 220149, 27 July 2021), the High Court held:

“A void marriage is ipso facto void without need of any judicial declaration of nullity; the only recognized exception under existing law is Article 40 of the Family Code, where a marriage void ab initio is deemed valid for purposes of remarriage, hence necessitating a judicial declaration.”

In Ablaza v. Republic (G.R. No. 158298, 11 August 2010), the Court held:

“Jurisprudence under the Civil Code states that no judicial decree is necessary in order to establish the nullity of a marriage… yet… for the sake of good order of society… it is expedient that the nullity of the marriage should be ascertained and declared by the decree of a court of competent jurisdiction… [A]rticle 40 of the Family Code expressly provides that there must be a judicial declaration of the nullity of a previous marriage, though void, before a party can enter into a second marriage…”

In De Munari v. Asprec (G.R. No. 262831, 07 April 2025), the Court held:

“The exception to the rule that no judicial decree is necessary is Article 40 of the Family Code, which expressly provides that there must be a judicial declaration of the nullity of a previous marriage.”

These rulings make one thing clear: a void marriage remains valid in the public record until declared void by a court.

Applying the Law: What Happened to Juan?

Let’s return to Maria and Juan.

Even if their 2010 marriage was void for lack of a marriage license, Juan still needed a judicial decree before marrying Ana in 2015. By remarrying without that decree, Juan violated Article 40 and exposed himself to bigamy charges under Article 349 of the Revised Penal Code.

His second marriage is likewise void, and he faces both criminal and civil problems—such as disputes over inheritance and property.

This is why the law requires a court decree: to avoid confusion, protect family rights, and maintain order in the civil registry.

The Rule Protects Families and Society

Requiring a judicial declaration of nullity serves more than just paperwork. It ensures:

• Clarity in civil status – Only one lawful spouse is recognized.
• Protection of inheritance and property rights – Especially important for children and heirs.
• Public confidence in the civil registry – Prevents fraud and multiple claims of marriage.

As Ablaza v. Republic (G.R. No. 158298, 11 August 2010) put it, the rule preserves the “good order of society.”

Conclusion: Don’t Remarry Without a Court Declaration

Even if your marriage is void from the start, you cannot remarry unless a court has formally declared it void. Until then, the law treats it as valid for purposes of remarriage.

If you remarry without that declaration, you risk bigamy charges, invalid property transfers, and inheritance disputes that could last years.

If you believe your marriage is void—whether for lack of a license, psychological incapacity, or other grounds—get professional help before taking any legal step.

Our law office handles annulment, declaration of nullity, and family law cases with discretion and professionalism. Book a confidential consultation and understand your marital status clearly and confidently. We help clients through online consultations (Viber, Zoom, or Google Meet), so there’s no need to travel far.

If you want to know the process of annulment in the Philippines, read our article “The Step-by-Step Process of Annulment and Declaration of Nullity in the Philippines“.

(This post was created with the aid of digital tools and reviewed by a licensed legal professional to ensure accuracy and relevance.)